· 7/22/1879
Townsend v. Libbey
Citations
- 70 Me. 162
- 1879 Me. LEXIS 137
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the delegates to the 1875 constitution refused to define the term \retrospective\ because the term already had an accepted meaning
- noting that the delegates to the 1875 constitution refused to define the term “retrospective” because the term already had an accepted meaning
- explaining that if a law relates to civil rights or remedies, then a court must determine whether the law is invalid because it is retrospective in its operation, where if a criminal law is at issue, then the prohibition against ex post facto laws applies
- describing the test for determining whether a law is civil or criminal in nature
- noting “the phrase ‘ex post facto law’ applies exclusively to criminal laws”
- “[T]he implicit.nature of a sub silentio holding has no stare decisis effect and is not binding on future decisions of this Court.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Appleton, Barrows, Danforth, Libbey, Symonds, Walton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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